HF 2084 (LSB 5219YH (8) 87)

HOUSE FILE 2084

BY  STECKMAN, STAED, MASCHER, JACOBY, ISENHART, OLDSON, KACENA, MEYER, KURTH, HUNTER, KEARNS, ANDERSON, and GASKILL

A BILL FOR

An Act requiring a notice of structural failure involving a manure storage structure that is part of a confinement feeding operation, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  459.309  Manure storage structures —— notice of structural failure.
   1.  The owner or operator of a confinement feeding operation shall notify the department of the structural failure of a manure storage structure that is part of the confinement feeding operation, regardless of whether it is a failure in design or construction or whether such failure may result in a violation of section 459.311. 
   2.  The owner or operator of a confinement feeding operation shall notify the department of a probable immediate structural failure of a manure storage structure that is part of a confinement feeding operation, as described in subsection 1. The determination of a probable immediate structural failure shall be based on factors established by the department which may include any of the following:
   a.  An observation by the owner or operator of the confinement feeding operation that the integrity of the structure has been compromised.
   b.  An observation by the owner or operator of the confinement feeding operation that a discharge from the manure storage structure appears to have occurred. 
   c.  A verbal or written report made to the owner or operator of the confinement feeding operation by a professional engineer based on the professional engineer’s inspection of the manure storage structure.
   3.  The department shall adopt rules providing notice procedures, including when and how the owner or operator of the confinement feeding operation is required to contact the department. 
   a.  The department may provide for different procedures based on factors established by the department that quantify the level of threat to water quality resulting from a structural failure as described in subsection 1 or a probable immediate structural failure as described in subsection 2. The factors may include but are not limited to any of the following:
   (1)  The type and size of the confinement feeding operation structure.
   (2)  The proximity of any discharge or probable immediate discharge to the groundwater, a major water source, or a high-quality water source.
   (3)  Whether the confinement feeding operation structure is located on karst terrain.
   b.  The department may provide for different procedures based on whether the structural failure has caused or may cause injury or suffering to an animal maintained in a confinement building that is associated with a manure storage structure.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BILL’S PROVISIONS. This bill requires the owner or operator of a confinement feeding operation to notify the department of natural resources (DNR) of any actual or probable immediate structural failure from an associated manure storage structure (structure). The failure may be the result of either the design or construction of the structure. The determination of a probable immediate structural failure must be based on factors established by DNR which may include an observation by the owner or operator or a report submitted to the owner or operator by a professional engineer. DNR is required to adopt rules that provide for notice procedures which may take into account factors that quantify the level of threat to water quality resulting from a discharge or an injury to or death of an animal maintained in an associated confinement building. 
   BACKGROUND. The bill amends provisions in Code chapter 459 (“Animal Agriculture Compliance Act”) which in part regulates confinement feeding operations; meaning any area where certain agricultural animals are confined to totally roofed areas (most commonly buildings), if fed and maintained for 45 days or more in any 12-month period, and includes associated manure storage structures. Code chapter 459, subchapter III, regulates water quality, and includes requirements for the construction of a number of types of manure storage structures, including those made of durable materials such as concrete and steel (formed) and an impoundment including an anaerobic lagoon, aerobic structure, or earthen manure storage basin (unformed). Generally, a manure storage structure must be constructed pursuant to design standards established by DNR rule (Code sections 459.307 and 459.308, and 567 IAC ch. 65). A confinement feeding operation structure is required to retain all manure produced between periods of manure disposal (Code section 459.311) and is prohibited from discharging manure into waters of the state which includes surface waters or ground water sources. 
   PENALTIES APPLICABLE. A person who violates Code chapter 459, subchapter III, regulating water quality, is subject to judicial action brought by the attorney general with a civil penalty not to exceed $5,000 for each day of such violation (Code sections 455B.191 and 459.603). However, DNR is authorized to impose a range of civil penalties administratively based on a number of criteria and in that case the civil penalty cannot exceed $10,000 (Code sections 455B.109 and 459.603).
   EFFECTIVE DATE. The bill, if enacted, would take effect upon enactment.